A. Intent and Purpose. As required by New York State Village Law, for certain types of development review applications published public notice in a local newspaper is required. In order to provide enhanced notice to property owners, neighbors, and the community at-large regarding development review applications within the Village of Port Chester, enhanced public notice requirements have been established.
B. Summary of Notice Required. Public notice shall be required for applications that require a public hearing. Required public notices are summarized in Table 345.808, Public Notice Requirements. Public meetings shall not require any public notice.

(1) The applicant is responsible for published notice. If the request is from the Board of Trustees, the Village Clerk is responsible for published notice.
(2) When published notice is required, it must be published at least 10 days prior to the date of the public hearing in the Village's official newspaper.
(3) The published notice must be in both English and Spanish and include, at a minimum:

(a) A description of the application type and brief summary of the approval sought.
(b) The current zoning district of the subject property, if applicable.
(c) A legal description or street address of the subject property, if applicable.
(d) The time, date, and location of the public hearing.
(e) The website address or QR Code of the Department of Planning and Economic Development's Development Review website.
(f) The Department of Planning and Economic Development's phone number and email address to contact the Village for information.
(g) A statement that interested parties may appear at the public hearing.

(4) An Affidavit of Publication shall be provided to the Planning and Economic Development Zoning Administrator at least five days prior to any proceedings of the Decisionmaking Authority.

(1) The applicant is responsible for mailed notice. If the request is from the Board of Trustees, the Village Clerk is responsible for mailed notice.
(2) When mailed notice is required, it must be certified mailed at least 10 days prior to the public hearing.
(3) Mailed notice must be sent by mail to the property owner of the subject property, as well as all property owners within 200 feet of the property line of the subject property. For applications for a Zoning Text Amendment and Zoning Map Change, such mailed notice must be sent to all property owners within 500 feet of the property line of the subject property. Applications for Wireless Telecommunications Facilities shall follow the noticing requirements provided for in § 345-405W, Wireless Telecommunications Facilities.
(4) The mailed notice must be in both English and Spanish and include, at a minimum:

(a) A description of the application type and brief summary of the approval sought.
(b) The current zoning district of the subject property, if applicable.
(c) A legal description or street address of the subject property, if applicable.
(d) The time, date, and location of the public hearing.
(e) The website address or QR Code of the Department of Planning and Economic Development's Development Review website.
(f) The Department of Planning and Economic Development's phone number and email address to contact the Village for information.
(g) A statement that interested parties may appear at the public hearing or meeting.

(5) An Affidavit of Mailing shall be provided to the Planning and Economic Development Zoning Administrator at least five days prior to any proceedings of the Decisionmaking Authority.
(6) For those certified mailings that are returned, such returns shall be provided to the Department of Planning and Economic Development.
(7) The failure of any individual neighboring property owner to receive mailed notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.

(1) The applicant is responsible for posted notice. If the request is from the Board of Trustees, the Village Clerk is responsible for posted notice.
(2) When posted notice is required, the applicant shall post one sign per 300 linear feet of frontage on each street upon which the subject property fronts, at least 10 days prior to the public hearing and any continued public hearing thereafter.
(3) When an application involves multiple properties, signs must be placed in all locations determined by the Planning and Economic Development Zoning Administrator.
(4) The posted notice sign must be in English and Spanish. The Department of Planning and Economic Development shall establish policies and procedures with regards to such signs.
(5) An Affidavit of Posting with photographic documentation of the posted notice signs shall be provided and must be signed by the person posting the signs, notarized, and returned to the Department of Planning and Economic Development immediately after posting the notice, a minimum of 24 hours prior to the public hearing.
(6) The applicant must maintain the public notice sign in good condition throughout the posting period. Public notice signs defaced or damaged prior should be, but are not required to be replaced by the applicant within a reasonable amount of time before the public hearing.
(7) Public notice signs must be removed within five days of the closing of the public hearing. Signs not removed within such time period shall constitute a violation under this chapter.

F. Notice Defects. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.
G. Additional Notification.

(1) Westchester County Notification. If the proposed application affects the interest of Westchester County, as required by § 239 of the New York State General Municipal Law and § 277.61 of the Westchester County Administrative Code, the applicant or Village Clerk shall mail a copy of the published notice of the public hearing and a copy of the proposed application with supporting material describing the substance of the application to the Westchester County Planning Board at least 10 days prior the public hearing and at least 30 days prior to any Village action.
(2) Adjoining Municipalities. If the land involved in any application lies within 500 feet of the boundary of any other municipality, the applicant or Village Clerk shall mail a copy of the published notice of the public hearing, along with supporting material describing the substance of the application, to the municipal Clerk of such adjoining municipality at least 10 days prior to the public hearing.

H. Modification to Public Notice Requirements. The Board of Trustees, Planning Commission, or Zoning Board of Appeals may modify or waive the public notice requirements, as described herein, unless otherwise required by county or state law.